LD 1082
pg. 3
Page 2 of 5 An Act Regarding Habitual Truants Page 4 of 5
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LR 1152
Item 1

 
A.__Each superintendent shall submit an annual report to
the commissioner before October 1st.__The report must:

 
(1)__Identify the number of habitual truants in the
school administrative unit in the preceding school
year;

 
(2)__Describe the unit's efforts to deal with habitual
truancy;

 
(3)__Account for actions brought under this section; and

 
(4)__Include any other information on truancy requested
by the commissioner.

 
B.__The commissioner shall submit an annual report to the
Governor and the Legislature before January 15th.__The
report must aggregate the information provided by
superintendents under paragraph A and must evaluate the
effect of state laws on the incidence of truancy.

 
Sec. 4. 20-A MRSA §5053, as amended by PL 1989, c. 415, §§22 to
25, is repealed.

 
Sec. 5. 20-A MRSA §5053-A is enacted to read:

 
§5053-A. Enforcement

 
1.__Class E crime.__The parent of a child of compulsory
school age who fails to have the child enrolled in school, who
fails to send the child to school or who fails to require the
child to regularly attend school is guilty of a Class E crime
and, upon conviction, is subject to the penalties set forth in
Title 17-A, section 1301.

 
A.__Evidence that shows that the parent received the
notice under section 5051-A, subsection 3 and that the
child has accumulated 10 absences that can not be
justified under the established attendance policies of the
school district establishes a prima facie case that the
child's parent is responsible for the absences.__A
criminal prosecution may not be brought against a parent
until after notice has been provided to the parent
pursuant to section 5051-A, subsection 3, paragraphs C to
E.

 
B.__Each unlawful absence of a child for 2 full-day school
sessions or 4 half-day school sessions is a separate
offense.

 
C.__It is a defense for a parent charged with violating the
truancy laws to show that the parent has exercised reasonable
diligence in attempting to cause a child in the


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